It has been brought to the notice of CBDT that in case of Senior Citizens, some TDS deductors/Banks are making TDS deductions even when the amount of income does not exceed fifty thousand rupees. The same is not in accordance with the law as the Income-tax Act provides that no tax deduction at source under section 194A shall be made in the case of Senior Citizens where the amount of such income or, the aggregate of the amounts of such income credited or paid during the financial year does not exceed fifty thousand rupees. (Please refer to the third proviso to sub-section 3 of section 194A)

2. Under sub-rule (5) of Rule 31A of the Income-tax Rules, 1962, the Director General of Income-tax (Systems) is authorized to specify the procedures, formats and standards for the purposes of furnishing and verification of the statements or claim for refund in Form 26B and shall be responsible for the day-to-day administration in relation to furnishing and verification of the statements or claim for refund in Form 26B in the manner so specified.

3. In exercise of the powers delegated by the Central Board of Direct Taxes (Board) under sub-rule (5) of Rule 31A of the Income-tax Rules, 1962, the Principal Director General of Income-tax (Systems) hereby clarifies that no tax deduction at source under section 194A shall be made in the case of Senior Citizens where the amount of such income or, the aggregate of the amounts of such income credited or paid during the financial year does not exceed fifty thousand rupees.

Extension of Due Date for filing of Income Tax Returns

The due date for filing of Income Tax Returns for Assessment Year 2018-19 is 31.07.2018 for certain categories of taxpayers. Upon consideration of the matter, the Central Board of Direct Taxes(CBDT) extends the ‘due date’ for filing of Income Tax Returns from 31st July, 2018 to 31st August, 2018 in respect of the said categories of taxpayers.

CBDT – extension in due date for non-tax audit cases is fake and there are no such plans to extend this deadline beyond 31st July, 2018

CIRCULAR No.4/2018

F.No.370889/25/2018Government of IndiaMinistry of FinanceDepartment of RevenueCentral Board of Direct Taxes

New Delhi, Dated 21st July, 2018

This Circular is issued in pursuant to 139(1) of the Tax Act, 1961 is to clarify that rumors spreading across in media regarding extension in due date for non-tax audit is fake and no such plans to extend this deadline beyond 31st July, 2018. The department already received over 1 crore returns filed electronically.

As per Section 234F of the Income Tax Act, from 1st April 2018, the penalty for late filing income tax return would be as

(a) five thousand rupees, if the return is furnished on or the 31st day of December of the assessment year;

(b) ten thousand rupees in any other case:

Provided further that if the total income of the person not exceed five lakh rupees, the fee payable under this section shall not exceed one thousand rupees. Therefore, the assessees are hereby asked to file their ITRs before the due date to avoid the penalty.

CBDT’s order regarding linking of PAN with Aadhaar while filing of ITRs

F.No.225/270/2017/lTA.II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

North-Block, ITA II Division,
New Delhi, dated the 30th of June, 2018

Order under Section 119 of the Income-tax Act, 1961

Vide its orders dated 31.07.17, 31.08.17, 08.12.2017 & 27.03.2018 in file of even number, CBDT had allowed time till 30th June, 2018 to link PAN with Aadhaar while filing the tax-returns. Upon consideration of the matter, the CBDT further extends the time for linking PAN with Aadhaar till 31st March, 2019.

As decided earlier by the Central JCA to embark upon the path of agitation on various issues affecting the membership of the JCA from 17th May 2018, all the affiliated units have participated in the agitation programme and successfully completed the first phase of agitation. It was due to the unified agitation of the members of the JCA, the CBDT had invited the JCA for a discussion on 26th June 2018 on the charter of demands. Though the meeting lasted more than 2(two) hours but no such concrete/positive assurances were received from the Chairman, CBDT regarding resolving of the issues at the earliest. On 27th June 2018 the matter was discussed in the Central JCA meeting held at Civic Centre, Delhi. The meeting threadbarely discussed the outcome of the meeting with the Chairman, CBDT and was of the opinion to continue the ongoing agitation till the minutes of the meeting is made available to the JCA. It was further decided that on receipt of the minutes, further intensification of the agitation would be decided, if necessary.

As per the decision of the meeting, we have persuaded with the Authorities of the CBDT for issuing the minutes immediately but the same was till awaited. Moreover, we have also observed that some of the issues on which positive assurances were given by the Chairman, CBDT, there were no progress. Considering the impasse continuing in the Board on resolving the issues we have no
other alternative but to intensify the agitation.

Accordingly, as per the decision of the Central JCA meeting dated 27th June 2018 authorising the Joint Convenors to suggest for the intensification of the agitation, it is now decided to mount Phase-II of our agitation from 23rd July 2018. It was further decided to submit the same to the Chairman, CBDT informing him about the intensification of the agitational programme if the issues
did not get resolved by 20th July 2018. It was further decided to hold Press meet on 20th July 2018 by all the Circles/Units at their respective headquarters for wider publicity of the issues relating to genuine grievances of the officers and employees of the Department. A press note in this regard will be forwarded by Central JCA to all Circles/Units in due time. The Central JCA will also undertake mobilisation programme from 16th to 20th July, 2018 and all Unit leadership are requested for extensive campaigning in all offices of respective Regions for implementation of the following programme successfully.

The next phase of agitation will be as under :- JULY 2018 ONWARDS

1) Lunch Hour Demonstration on 23rd July, 2018 in all stations;

2) To boycott Income Tax Day on 24th July 2018 and observing Black Day by wearing Black Ribbons. The members of JCA will not participate in any meeting of the committee that may be constituted for organising this programme immediately after issuance of the Circular of JCA.

3) Black Flag Demonstration on visiting Chairman/Members of CBDT and Officials of Directorates in all income tax offices where they visit. Boycott Outreach programme/Seminar by Officers/Officials (visit to Schools, TDS seminar etc.)

4) Not to attend office on Saturday , Sunday & Holidays by the JCA members.

5) Not to attend any duty in the nature of protocol duty by members of JCA

2) Mass squatting programme by Office Bearers and Committee Members of the JCA in front of the Chamber/Conference Hall whenever the Video Conference takes place.

3) Observing Day Long Fasting on 9th August, 2018 from 10 AM to 5 PM by the Office Bearers and Committee Members of the JCA at all stations of PCCIT/CCIT/PCIT.

4) Half-a-day (from 2 PM) Walk Out on 28th August 2018.

SEPTEMBER 2018

One day Token Strike on 12TH September, 2018 by the members of the JCA. It was also decided that the Central JCA will meet again to take stock of the situation during the month of August, 2018. All the units of the JCA are requested to ensure implementation of the aforementioned agitational programme in case of non-settlement of the issues within 20th July 2018.

It was also decided that in many regions the local administration had constituted committees for celebration of the Income Tax Day on 24th July 2018. As we have already decided to boycott the Income Tax Day celebration hence we appeal to all our members who were nominated in the committees should not extend any co-operation in this respect. We are hopeful that with the cent percentage participation of all the units and members, the issues above will reach to a logical end.

Ministry of Finance
CBDT notifies Income Tax Return Forms for Assessment Year 2018-19

The Central Board of Direct Taxes(CBDT) has notified Income Tax Return Forms (ITR Forms) for the Assessment Year 2018-19. For Assessment Year 2017-18, a one page simplified ITR Form-1(Sahaj) was notified. This initiative benefited around 3 crore taxpayers, who have filed their return in this simplified Form. For Assessment Year 2018-19 also, a one page simplified ITR Form-1(Sahaj) has been notified. This ITR Form-1 (Sahaj) can be filed by an individual who is resident other than not ordinarily resident, having income upto Rs.50 lakh and who is receiving income from salary, one house property / other income (interest etc.). Further, the parts relating to salary and house property have been rationalised and furnishing of basic details of salary (as available in Form 16) and income from house property have been mandated.

ITR Form-2 has also been rationalised by providing that Individuals and HUFs having income under any head other than business or profession shall be eligible to file ITR Form-2. The Individuals and HUFs having income under the head business or profession shall file either ITR Form-3 or ITR Form-4 (in presumptive income cases).

In case of non-residents, the requirement of furnishing details of any one foreign Bank Account has been provided for the purpose of credit of refund. Further, the requirement of furnishing details of cash deposit made during a specified period as provided in ITR Form for the Assessment Year 2017-18 has been done away with from Assessment Year 2018-19.

There is no change in the manner of filing of ITR Forms as compared to last year. All these ITR Forms are to be filed electronically. However, where return is furnished in ITR Form-1 (Sahaj) or ITR-4 (Sugam), the following persons have an option to file return in paper form:-

(i) an Individual of the age of 80 years or more at any time during the previous year; or

(ii) an Individual or HUF whose income does not exceed five lakh rupees and who has not claimed any refund in the Return of Income.

The notified ITR Forms are available on the official website of the Department www.incometaxindia.gov.in.

Ministry of Finance
Clarification regarding applicability of standard deduction to pension received from the former employer

The Central Board of Direct Taxes (CBDT) has clarified that the pension received by a taxpayer from his former employer is taxable under the head “Salaries”. The Finance Act, 2018 has amended Section 16 of the Income–tax Act, 1961(“the Act”) to provide that a taxpayer having income chargeable under the head “Salaries” shall be allowed a deduction of Rs 40,000/- or the amount of salary, whichever is less, for computing his taxable income. Accordingly, any taxpayer who is in receipt of pension from his former employer shall be entitled to claim a deduction of Rs 40,000/- or the amount of pension, whichever is less, under Section 16 of the Act.

Earlier, the representations were received seeking clarification as to whether a taxpayer, who receives pension from his former employer, shall also be eligible to claim this deduction.

G.S.R. 44(E).—In exercise of the powers conferred by sub-section (1) of Section 139B of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following further amendments in the Tax Return Preparer Scheme, 2006, namely:—

Short title, commencement and application.
1. (1) This Scheme may be called the Tax Return Preparer (Amendment) Scheme, 2018.

(2) It shall come into force from the date of its publication in the Official Gazette.

2. In the Tax Return Preparer Scheme, 2006 (hereinafter referred to as the said Scheme), for paragraph 3, the following paragraph shall be substituted, namely:-

“3. An individual, who holds a bachelor degree from a recognised Indian University or institution, or has passed the intermediate level examination conducted by the Institute of Chartered Accountants of India or the Institute of Company Secretaries of India or the Institute of Certified Management Accountants of India, shall be eligible to act as Tax Return Preparer.”.

3. In the said Scheme, in paragraph 4,-
(1) for clause (i), the following clauses shall be substituted, namely:-

“(i) It shall invite application from persons,-

(a) having requisite educational qualifications specified in paragraph 3 or having appeared in the final year examination of the qualifying examination; and

(b) who is not below the age of twenty one years or more than forty-five years as on the 1st day of October of the year immediately preceding the date on which applications are invited.

(ia) It shall require that the application under clause (i) shall be accompanied by a fee of two hundred and fifty rupees, and failing which the application shall be invalid.”.

(2) for clause (v), the following clauses shall be substituted, namely

“(v) It shall enrol the persons who qualify the test for enrolment for each training centre separately.

(va) It shall not enrol any person under clause (v), unless –

(a) he makes a deposit of an amount of seven hundred and fifty rupees, which shall be nonrefundable; and

(b) he produces a proof of having passed the qualifying examination as specified in paragraph 3.”.

(3) clause (ix) shall be omitted.”.

4. In the said Scheme, in paragraph 9, for sub-paragraph (1), the following sub-paragraphs shall be substituted,
namely:-

“(1) The Board may authorise the Resource Centre or the Partner Organisation to disburse to a Tax Return preparer, the following amount, namely:-

(a) five per cent. of the tax paid on the income declared in the return of income for First Eligible Assessment Year which has been prepared and furnished by him;

(b) three per cent. of the tax paid on the income declared in the return of income for the Second Eligible Assessment Year which has been prepared and furnished by him;

(c) two per cent. of the tax paid on the income declared in the return of income for the Third Eligible Assessment Year which has been prepared and furnished by him.

(1A) The amount of disbursement for any eligible person in relation to an eligible year shall not exceed,-

(a) five thousand rupees in case of First Eligible Assessment Year;
(b) three thousand rupees in case of Second Eligible Assessment Year; and
(c) two thousand rupees in case of Third Eligible Assessment Year.”.

Under the provisions of recently introduced section 139AA of the Income-tax Act, 1961 (the Act), with effect from 01.07.2017, all taxpayers having Aadhaar Number or Enrolment Number are required to link the same with Permanent Account Number (PAN). In view of the difficulties faced by some of the taxpayers in the process, the date for linking of Aadhaar with PAN was initially extended till 31st August, 2017 which was further extended upto 31st December, 2017.

It has come to notice that some of the taxpayers have not yet completed the linking of PAN with Aadhaar. Therefore, to facilitate the process of linking, it has been decided to further extend the time for linking of Aadhaar with PAN till 31.03.2018.

A complaint was received making serious allegations against Shri D. K. Meena, Deputy Commissioner of Income Tax, posted at Surendranagar in Gujarat Region for harassing a taxpayer in a scrutiny case with malafide intention. The officer was alleged to have demanded illegal gratification through the taxpayer’s Chartered Accountant for favourably completing the assessment. The audio recordings of conversations were also received which, inter alia, mention the bribe amount being demanded by the officers of the Department for settling the case.

In order to verify the veracity of the allegations, case records were requisitioned immediately by the Vigilance Directorate of CBDT. On examination of the case records, serious lapses and irregularities were found which led credence to the allegations made against the officer. The matter is under investigation.

The Department has zero tolerance to such malpractices and corruption. Pending investigation, the officer has since been placed under suspension.